Washington gay marriage law questions and answers

Learn when same sex couples can apply in King County and more

By CASEY MCNERTHNEY, SEATTLEPI.COM STAFF

Published 9:02 pm, Thursday, November 15, 2012

When can same-sex couples first apply for a marriage license?

Photo: Joe Dyer/seattlep.com File

When can same-sex couples first apply for a marriage license?

The first available time in King County is 12:01 a.m. on Thursday, Dec. 6 at the Recorder’s Office, 500 Fourth Ave. in Seattle. Most other counties have not announced plans to open any earlier than their normal hours.

Photo: Joe Dyer/seattlep.com File

The first available time in King County is 12:01 a.m. on Thursday,...

Is it true that if a same-sex couple is already in a domestic partnership they will automatically have that converted to a marriage license even if they don’t apply for one?

Photo: Joshua Trujillo/seattlep.com File

Is it true that if a same-sex couple is already in a domestic...

Yes. However, same-sex domestic partnerships will not automatically convert to a marriage until June 2014.

Photo: Joshua Trujillo/seattlep.com File

Yes. However, same-sex domestic partnerships will not automatically...

Is King County really the first in the nation for same-sex marriage based on voter approval?

Photo: Joshua Trujillo/seattlep.com File

Is King County really the first in the nation for same-sex marriage...

Yes. By opening at 12:01 a.m., King County will be the first jurisdiction in the nation to issue marriage licenses to same-sex couples based on voter approval. Voters in Maryland and Maine also approved marriage equality initiatives this month but those don’t take effect until January.

Photo: Joshua Trujillo/seattlep.com File

Yes. By opening at 12:01 a.m., King County will be the first...

I heard I have to wait three days. What’s the deal with that?

Photo: Joshua Trujillo/seattlep.com File

I heard I have to wait three days. What’s the deal with that?

By state law, all marriage licenses, regardless of gender, become valid only after a three-day waiting period has passed. That’s already the case. So if you apply on Thursday, Dec. 6, the first day the license can be used is Sunday, Dec. 9. If a couple doesn’t use it in the first 60 days when it’s valid, the couple needs to reapply. The three-day waiting period can’t be waived under any circumstances, according to King County staff.

Photo: Joshua Trujillo/seattlep.com File

By state law, all marriage licenses, regardless of gender, become...

What should I bring to the Recorder’s Office?

Photo: Joshua Trujillo/seattlep.com File

What should I bring to the Recorder’s Office?

Start with patience – the lines are expected to be long. To help reduce delays, couples are encouraged to download a marriage license application from kingcounty.gov/marriage and bring the completed form with them for the application process. Both parties must be present to obtain a marriage license in person. Also bring photo identification and the $64 fee in cash or check only. Applicants do not need witnesses, blood tests, birth certificates or divorce papers to apply. The application process takes 10 to 15 minutes to complete.

Photo: Joshua Trujillo/seattlep.com File

Start with patience – the lines are expected to be long. To help...

What are the age requirements?

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What are the age requirements?

Both applicants must be unmarried and at least 18 years old or otherwise able to meet the age requirements. Seventeen-year-olds can only apply if their parent or legal guardian submits a notarized statement of consent or the applicant is legally emancipated and takes a court-certified copy of the emancipation document with them to apply. Applicants cannot be more closely related than second cousins, whole- or half-blood.

Photo: Seattlepi.com File

Both applicants must be unmarried and at least 18 years old or...

What if we’re previously registered as domestic partners?

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What if we’re previously registered as domestic partners?

Same-sex couples do not have to be previously registered domestic partners to apply for a marriage license. However, if a same-sex couple has been registered, they must indicate that on their license application. They will also have to pay the $64 application fee.

Photo: Jordan Stead/The Emerald City Collective For Seattlepi.com

Same-sex couples do not have to be previously registered domestic...

What if I was previously married?

Photo: Joshua Trujillo/seattlepi.com File

What if I was previously married?

A divorce must be final and filed before applying for a marriage license. Under no circumstances may a person apply for a marriage license before they are divorced. Previously divorced applicants do not need to have a copy of their divorce papers to apply for a new marriage license.

Photo: Joshua Trujillo/seattlepi.com File

A divorce must be final and filed before applying for a marriage...

Do I have to live in Washington state to apply?

Photo: Joe Dyer/seattlep.com File

Do I have to live in Washington state to apply?

No, you don’t have to live here and applicants don’t even have to be United States citizens. However, a marriage license obtained in Washington cannot be used to get married in another state or country.

Photo: Joe Dyer/seattlep.com File

No, you don’t have to live here and applicants don’t even have...

Can my friend perform the ceremony?

Photo: Joshua Trujillo/seattlep.com File

Can my friend perform the ceremony?

Yes, if they’re an ordained minister of any church or religious domination. The popular route is having a friend over age 13 ordained on the Internet through the Universal Life Church. Conan O’Brien did that on his television show in less than two minutes.

No. Couples will be processed on a first-come, first-served basis, and the Recorder’s Office will stay open until 6:30 p.m. on Dec. 6. Anyone who arrives in the office waiting area by 4:30 p.m. that day will be served, county officials said. The office will be open Dec. 7 from 8:30 a.m. to 6:30 p.m., and the line can begin forming at 6:30 a.m.

The passage of Referendum 74, which allows gay marriage in Washington, has raised many questions.

When can you apply for a marriage license? What are the requirements? What if you were previously registered as domestic partners? Will same-sex domestic partnerships automatically become marriages?

This week, county officials across the state have been answering those questions in preparation for a big rush on Dec. 6, the first day on which same-sex couples can legally apply for a marriage license.

In King County, the Recorder's Office, which issues marriage licenses, is scheduled to open at 12:01 a.m. that morning because of the anticipated high demand in the state's most populous county.

County Executive Dow Constantine, who plans to sign the first marriage licenses, said he doesn't want those same-sex couples "to wait a minute longer than legally necessary to get the rights that voters have recognized."

Click on the photos above for answers to some of the most common questions regarding the change in Washington's gay marriage law.

The information here comes from King County officials. If your question isn't answered above, check kingcounty.gov/marriage for more information.

If you're planning to apply for a marriage license in another county, please follow this link to get more information. The primary differences between King and other counties are the hours of operation for the licensing offices and the fees charged to apply for a license.